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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
v.
COUNSEL
MEMORANDUM DECISION
PER CURIAM:
2
STATE v. ANDERSON
Decision of the Court
3
STATE v. ANDERSON
Decision of the Court
the more favorable offer before the court accepted it because the State later
learned the injuries sustained by a different victim in another count were
more severe than first believed. The State argues that, as the superior court
found, the State could and would have withdrawn the earlier offer because
it was made during the "RCC [Regional Court Center]" and/or "preliminary
hearing stage" of the proceedings, and even if Anderson had indicated a
desire to accept the plea, the court would have deferred acceptance of the
plea until a later time, ostensibly after the State would have learned of the
victim's injuries. The record on review, however, does not clearly establish
this. The court arraigned Anderson on September 26, 2011. Anderson
alleges the State made the more favorable offer two months later, on
November 29, 2011, at the initial pretrial conference. There is nothing in the
record on review to establish the court would not have accepted the plea
before the State developed any inclination to withdraw from the plea.
1 The State argues that Anderson also failed to file his petition for
review in this court by the deadline ordered by the superior court.
Anderson argues in his reply that he submitted the petition to correctional
authorities for mailing before the deadline, but he provides no receipt. In
the interest of judicial economy, we decline to remand this matter for
proceedings to determine when Anderson submitted the petition for
mailing.
4
STATE v. ANDERSON
Decision of the Court